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2000 Supreme(Raj) 1546

J.C.VERMA
Krishna Kumar – Appellant
Versus
Gulab Khan – Respondent


Advocates:
For the Appellant:K.N. Tiwari, Advocate.
For the Respondent:Virendra Agrawal, Advocate.

JUDGMENT

1. - The present misc. appeal has been preferred challenging the award dated 2.12.1998 passed by Motor Accidents Claims Tribunal, Jaipur whereby the compensation of Rs. 1,77,000 was ordered to be paid in MACT Case No. 996 of 1995.

2. The claim application was filed by the claimants, sons of the deceased Premlata, who had died in the accident occurred on 28.3.1995 when the car No. Rs. 5787, in which she was travelling, had collided with the trolley No. RJ-01-G-1635. In the same accident the other occupant of the car Rajaram Khandelwal had also died. The trolley was insured with the Oriental Insurance Co. Ltd.

3. On the evidence produced by the parties, the Tribunal came to the conclusion that the deceased was 53 years old at the time of accident and assessed the monthly income to be Rs. 4,000 and after deducting the income tax of Rs. 2,000 and on the basis of unit system awarded Rs. 1,72,500 along with the amount of expenses of cremation and compensation for loss to estate; as such the total compensation of Rs. 1,77,000 had been awarded. The present appeal has been preferred for enhancement of the compensation.

4. The only contention being raised by the counsel for appellants







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